Terms of service
Terms of Service
OVERVIEW
Welcome to Isla & Hart.
The terms “we”, “us” and “our” refer to Isla & Hart. Isla & Hart operates this online store and website, including the information, content, features, products and services made available through it.
Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.
By visiting our website, browsing our store or purchasing from us, you agree to these Terms of Service together with the other policies published on our website.
Please read these Terms carefully before using our website or placing an order.
Nothing in these Terms is intended to limit or exclude any rights you may have under applicable South African law.
1. USING OUR WEBSITE
You may use our website only for lawful purposes.
When providing information to us, including your contact, billing, payment and delivery information, you agree that the information you provide is accurate, current and complete.
If you create a customer account, you are responsible for maintaining the confidentiality and security of your account details.
You may not misuse our website, interfere with its operation, attempt to gain unauthorised access to it, transmit malicious code, or use the website in any unlawful or fraudulent manner.
2. OUR PRODUCTS
We take great care to display and describe Isla & Hart products as accurately as possible.
However, colours and the appearance of products may vary slightly depending on your screen, device settings and photography.
As many of our products feature Harris Tweed® and patterned fabrics, the positioning of the pattern may also vary from item to item. These variations form part of the individual character of the product and do not necessarily constitute a defect.
Product descriptions, availability and prices may be updated from time to time.
We reserve the right to discontinue products or limit quantities where reasonably necessary.
3. ORDERS
Placing an order through our website constitutes an offer to purchase the selected products.
Orders are subject to availability and acceptance by Isla & Hart.
Where payment is made by EFT or bank transfer, your order will be processed once payment has been received and confirmed.
Please check your order and delivery information carefully before submitting your purchase.
If there is an error with your order, please contact us as soon as possible at hello@islaandhart.co.za.
We reserve the right to decline or cancel an order where reasonably necessary, including where an item is unavailable, an obvious pricing or product-information error has occurred, payment cannot be confirmed, or we reasonably suspect fraudulent activity.
If we cancel an order after receiving payment, any amount due to you will be refunded in accordance with applicable law.
4. PRICES AND PAYMENT
All prices displayed on the Isla & Hart website are in South African Rand (ZAR), unless otherwise stated.
The price charged will be the price displayed when your order is placed, subject to the correction of obvious errors.
Any applicable delivery charge will be displayed during checkout before you complete your order.
From time to time, we may offer promotions, discounts or special offers. These may be subject to additional terms and may be changed or withdrawn where permitted by law.
5. SHIPPING AND DELIVERY
Isla & Hart currently delivers throughout South Africa.
Shipping costs and estimated delivery times are set out in our Shipping Policy and are also displayed at checkout where applicable.
Delivery times are estimates and may occasionally be affected by courier delays, public holidays, outlying delivery locations or circumstances outside our reasonable control.
Please ensure that your delivery address and contact details are correct before placing your order.
For full information about shipping, tracking and delivery, please refer to our Shipping Policy.
6. RETURNS, EXCHANGES AND REFUNDS
Returns, exchanges and refunds are handled in accordance with our Return and Refund Policy and applicable South African consumer law.
Nothing in these Terms or our Return and Refund Policy is intended to exclude or limit any statutory rights available to you.
Please contact hello@islaandhart.co.za if you need assistance with a return, exchange, damaged item or incorrect order.
7. INTELLECTUAL PROPERTY
Unless otherwise stated, the content on the Isla & Hart website, including our branding, logo, written content, graphics, website design and other original material, belongs to Isla & Hart or is used with permission from the relevant rights holder.
Certain product names, trademarks, photographs, logos and other materials may belong to third parties and remain the property of their respective owners.
You may not reproduce, distribute, modify, sell or commercially exploit content from our website without the permission of the applicable rights holder.
Harris Tweed® and other third-party trademarks remain the property of their respective owners.
8. THIRD-PARTY SERVICES AND LINKS
Our website may contain links to, or make use of, services provided by third parties.
We are not responsible for the content, availability, privacy practices or terms of independent third-party websites.
Before using a third-party website or service, we recommend reviewing its applicable terms and policies.
9. SHOPIFY
Our online store is powered by Shopify, which provides the ecommerce technology that enables us to operate our online store.
Purchases made through the Isla & Hart store are transactions between you and Isla & Hart.
Shopify is not the seller of the Isla & Hart products you purchase through our store.
Your use of certain Shopify functionality may also be subject to Shopify's applicable terms and privacy practices.
10. PRIVACY AND PERSONAL INFORMATION
We respect your privacy.
Personal information collected through our website is processed in accordance with our Privacy Policy and applicable South African data-protection legislation, including the Protection of Personal Information Act, 2013 (POPIA).
Because our online store is powered by Shopify, certain information may also be processed by Shopify and other service providers that assist us in operating our store, processing orders and providing services to you.
Please refer to our Privacy Policy for further information about how personal information is collected, used, stored and shared.
11. REVIEWS, FEEDBACK AND CONTENT
If you voluntarily submit a review, photograph, comment or other feedback to Isla & Hart, you confirm that you have the right to provide that content.
You must not submit content that is unlawful, defamatory, abusive, misleading, infringes another person's rights or contains malicious software.
Where you give us permission to use content you have submitted, we may use it for purposes such as displaying customer reviews or promoting Isla & Hart, subject to applicable law.
12. ERRORS AND INACCURACIES
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, availability, shipping charges or delivery information.
We may correct errors and update information when reasonably necessary.
If an error materially affects an order you have already placed, we will contact you where appropriate and deal with the matter fairly and in accordance with applicable law.
13. PROHIBITED USES
You may not use our website:
• For any unlawful or fraudulent purpose.
• To infringe our rights or the rights of another person.
• To transmit viruses, malicious code or other harmful material.
• To collect or misuse another person's personal information.
• To send spam or other unauthorised communications.
• To interfere with the security or proper operation of the website.
• To impersonate another person or misrepresent your identity.
• To copy, scrape or commercially exploit our website or content without authorisation.
We may restrict or terminate access to our website where we reasonably believe these Terms have been breached.
14. AVAILABILITY OF THE WEBSITE
We aim to keep our website available and operating properly, but we cannot guarantee uninterrupted or error-free access at all times.
The website may occasionally be unavailable due to maintenance, technical problems, updates or circumstances outside our reasonable control.
15. LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful under South African law.
To the extent permitted by applicable law, Isla & Hart will not be responsible for indirect or consequential loss arising from the use of our website or products where such loss was not reasonably foreseeable.
Your statutory rights as a consumer remain unaffected.
16. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as severed to the extent necessary, without affecting the validity and enforceability of the remaining provisions.
17. ENTIRE AGREEMENT
These Terms, together with the policies and information published on our website, constitute the terms governing your use of the Isla & Hart online store and purchases made through it.
Nothing in these Terms limits rights or remedies available under applicable law.
18. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms or your use of the Isla & Hart website will be dealt with in accordance with applicable South African law.
19. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, website, services or legal requirements.
The most current version will be published on our website.
Any changes will apply from the date they are published, subject to applicable law.
20. CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at:
Isla & Hart
Cape Town, South Africa
Email: hello@islaandhart.co.za